…reforms aim to recognise unwed fathers and introduce double-barrel surnames
Rethabile Pitso
THE Ministry of Local Government, Chieftainship, Home Affairs and Police, through its National Identity and Civil Registration (NICR) Department, is seeking to review the Registration of Births and Deaths Act of 1973 to align it with evolving societal trends.
NICR Integrity and Quality Assurance Manager, Litšoane Keketsi, said the proposal had already been submitted to Minister Lebona Lephema and Cabinet, and they are awaiting a response.
In an interview with the Lesotho Times this week, Mr Keketsi said the proposed amendments would address modern issues relating to names and surnames, including recognising double-barrel surnames and removing restrictions that prevent children born out of wedlock from using their fathers’ surnames.
He said some provisions—particularly those relating to surname changes—could be revised to allow both men and women to change their surnames for various reasons, including marriage.
However, he cautioned that reforms must be handled carefully to avoid undermining the cultural foundations on which the law is based.
In Lesotho, it is common practice for women to adopt their husbands’ surnames after marriage, replacing their maiden names. Reverting to maiden names after divorce or the death of a spouse is often a lengthy but necessary process to ensure accurate record-keeping. Failure to complete these procedures can cause complications, particularly when travelling abroad, where inconsistencies may raise suspicions of dual identity or fraud.
To avoid such challenges, married women—especially those travelling with children—are advised to carry multiple supporting documents, including birth certificates, to prove their relationship to their children. The ministry also urges individuals to complete all legal processes to ensure their identity records are properly updated.
“The current law governing identity in Lesotho dates back to 1973 and, for many reasons, needs to be reviewed. We have already written to the Minister and Cabinet to approve changes to sections we believe are no longer aligned with today’s society,” Mr Keketsi said.
He said one key provision under review was Section 19, which states that children born out of wedlock were not required to take their father’s surname unless the mother grants permission.
“In cases where there is no certainty of fatherhood, the law does not require the father’s surname to appear on the birth certificate. This was designed to prevent future legal disputes,” he explained.
However, Mr Keketsi acknowledged that the provision was increasingly problematic, as many fathers who were initially absent now wished to be involved in their children’s lives.
“We are receiving growing requests from fathers who were not included on birth certificates at the time of registration but now want to take responsibility. The review seeks to address this and allow for greater inclusion,” he said.
He also clarified that, contrary to popular belief, double-barrel surnames were not legally recognised in Lesotho.
“While some individuals use double-barrel surnames, the law does not formally recognise them. Combining two surnames effectively creates a new one, which stands on its own without specific legal provision,” he said.
He added that individuals with such surnames may face challenges when attempting to revert to their maiden names due to procedural complexities.
Mr Keketsi explained that there were two separate legal processes for changing names: one for first names and another for surnames. Both must be completed fully, and applicants must ensure all institutions update their records accordingly. A confirmation-of-name document was issued at the end of the process as official proof of identity.
He said failure to obtain this document had led to difficulties, particularly for women travelling with their children. Even so, he advised travellers to carry birth certificates as supporting documentation.
Mr Keketsi further warned that any legal reforms would apply equally to all citizens and could introduce broader changes.
“We benchmark our systems against international best practices. The issue of double-barrel surnames would be addressed in the proposed reforms. While it has traditionally been women who change surnames after marriage, future legal changes could also allow men to do the same.”
He stressed that the aim of the review was to eliminate discrimination and ensure fairness, while preserving Lesotho’s cultural identity.
“We remain a cultural society, guided by long-standing traditions. At the same time, this system exists to serve the people, and we want them to feel confident in accessing and using it,” he said.
